Comment by krapp
3 years ago
>remember that the abortion issue, as a matter of law, is about the state's interests in the body. it does not litigate religious or social mores, but most of the "debate" is of this latter type.
It seems specious to claim this when the states' interests in the body in this regard (as well as gay marriage and any other rights formerly predicated on the right to privacy asserted in Roe) are based on conservative Christian beliefs and mores.
there's a whole body of political science literature that would heartily debate that stance. at most, political discourse and religious discourse grew up together and influenced each other, but to say one is based on the other is a rhetorical diversion at best.
gay marriage shouldn't be predicated on privacy either. two people want equal protection under the law as any other two people who have enjoined their lives together. that's basically it. certainly the gender/sex of those two people isn't the state's concern, because reproduction is not a state concern, but rather a private matter.
> reproduction is not a state concern
But population growth rate (or decline) is absolutely a concern of the state, and reproduction is a significant contributor to that. In fact, one could argue that if a state has an interest in providing health care (including things like contraception) then it must have an interest in reproduction too.
no, it absolutely is not, for a democratic republic like the US. the US is designed to have a minimal federal government that doesn't interfere in the individual life and liberty of its residents. this is very unlike governments that came before it and even peer governments now, like the social democracies of europe. our federal government was not meant to be a central planner, but rather simply an interstate and international arbiter. therefore, it cannot have any interest in population control in any way. that's up to the will of the people, and only the will of the people. it's not even a state concern because it would encroach our civil liberties, which are inalienable by the constitution.
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> reproduction is not a state concern
Supreme Court just made it state one, instead of keeping the decision on doctors and pregnants.
The state is based on Christian beliefs? What beliefs should it be based on if any?